The Ludwigsburg District Court has once again examined the mass warnings regarding Google Fonts and found that the mass mailing constituted an abusive use of the law (judgment of February 28, 2023, case number 8 C 1361/22 ) drawn to mass warnings.
Web crawlers for profit maximization drawn to mass warnings
We have already reported on mass cease and desist letters in the past. For example, a Berlin lawyer used a so-called web crawler to visit websites that had integrated Google Fonts and where the IP address. He claimed, among other things, usa business fax list to have a corresponding injunctive relief against. The website operator and referred to damages that the courts had awarded to those affected. He linked this claim to an offer to drop the matter in return for a payment of 170 euros. Method of mass warning brought to court
The case before the district court concerned a defendan. Who had received a warning letter ruling that he had no claim to injunctive relief or damages. The lawyer, in turn, filed a lawsuit against the warning letter. Seeking, among other things, your complete guide to website qa (quality assurance) with free qa checklist a judgment for . Injunctive relief and damages in the amount of 170 euros.
Profit maximization is an abuse of law
However, the district court viewed the lawyer’s conduct in this case as an abuse of law. The court held that abuse the assertion of the claim primarily pursues extraneous and unprotectable interests and goals. In doing so, albania business directory the court referr to Section 8c Paragraph 2 No. Of the Unfair Competition Act (UWG) . Accordingly, the abusive assertion of a claim is to be assum if this serves to give rise to a claim . Reimbursement of expenses or legal costs or the payment of a contractual penalty. The court appli this legal principle to this case. The court held that the lawyer was not interest in an injunction but in generating income.
Criminal law should not be forgotten
Ultimately, the lawyer’s approach was unsuccessful and he had to bear the costs of the legal dispute. This may be the lesser problem, as the Berlin Public Prosecutor’s Office has initiat.ent effect
Going forward, it’s clear that mass warnings that appear to be aimed at maximizing profits are likely to be presum to constitute abuse of law. It remains to be hoped that both the civil law clarification and the criminal prosecution of the case by the authorities will have a deterrent effect on potential copycats.